Basic BCIS Regulations for Non- Foreign Student Advisors

Presented by: Norah V. Hoff

College of St. Catherine nvhoff@stkate.edu

and Virginia McCallum Iowa State University

vlee@iastate.edu

NAFSA Region 4 Conference Sioux Fall, South Dakota

November 14-16, 2003

Much of the information in this presentation was gathered from the NAFSA PDP – F-1 Regulations for Beginners and information from Kathleen Trayte of Drexel University.

1. Difference between visa and status Visas

Actual document in the passport – permission to ask for admission to USA Lists how many times the person can enter & last date the visa may be

used for entry Issued outside the USA Can expire for F-1 students as long as they maintain status – must get new

visa for reentry if it has expired Status Refers to the actual activity the person has been allowed to enter the US Can only have one status at a time Can apply for change of status without getting new visa (B to F is risky) Must always follow BCIS regulations or the person can fall ‘out of status’

– illegally present in the USA Out of status students must apply for reinstatement in order to remain in legally in the USA & are not eligible for practical training or

transfer by notification

2. How does an F-1 student maintain his or her status? Maintain full time status and make normal progress toward completion of degree Do not work off campus without authorization Limit on campus work to 20 hours per week when classes are in session Maintain valid passport Attend the school the student is authorized to attend Apply for extension if the I-20 will expire before program is completed Follow other immigration regulations for school transfer, change of educational level, etc. Report change of address within 10 days

3. Benefits of F-1 status

Employment A. On campus (20 hours per week when classes are in session/40 hours per week

during vacations and breaks) Usually, on campus jobs for F-1 students not funded by the Federal Work-Study program – at CSC through institutional money

B. Curricular practical training Integral part of curriculum (internships, cooperative education) Can be full time or part time (More than 11 ½ months of full time CPT, loose OPT option)

C. Optional practical training Can do new OPT at each educational level (new rule) Related to major course of study Limited to 12 months Must be completed within 14 months of completion of study

D. Economic hardship Can only apply after being present in USA for one academic year Based on unforeseen circumstances – i.e. death of parent, drastic Must first obtain Employment Authorization Document (EAD)

4. How should I advise those present in the country with non F-1 status?

Do they have to change their status to enroll? Yes, if present immigration status will expire before degree is completed or attending classes will violate present status. 2 ways to change status

1. Return to home country and apply for student visa 2. Apply for change of status in USA

Some students may try to go to a US embassy in a third country (i.e. Canada or Mexico) to apply for a student visa. This is risky! If the student is not granted the visa, they may not be able to reenter the USA at all.

If not on F-1 status, a student CANNOT have the benefits of working on-campus, OPT, CPT, etc.

Immigration status violated if B-1, B-2, Waiver for Business and Waiver for Tourism by enrolling in ANY

classes F-2 or M-2 by enrolling full time (can enroll for avocational or

recreational purposes)

Admission is not dependent upon immigration status (two separate issues)

5. Visa application process Can be variations by country, but generally each student must show the following documents and undergo an interview with a consular official

1. Proof of admission 2. Written proof of funding for entire length of study – focus on documentation for first

year

Funds can be from: Personal funds Family funds Sponsor funds Government funds Funds from the institution (scholarships, etc.) Private business sponsor

3. Proof of NON-IMMIGRANT intent - #1 reason for denial – 214(b) a. Show good reason for returning home b. Demonstrate these ties – strong ties in home country, assets in country, job

offer waiting upon return c. Student should be prepared to state what he/she plans to do with her degree

upon return to the home country 4. I-20 5. Proof of English proficiency 6. Valid passport

6. Canadian citizens

Do not need visa to enter the USA Canadian residents or landed immigrants must apply for visa To enter – need I-20 and financial documents used to issue the I-20 I-94 with F-1 & D/S notification is proof of lawful admission to the USA For more detailed information – check NAFSA SEVP section at www.nafsa.org and the BCIS SEVIS information pages at http://www.bcis.gov/graphics/shared/sevis/index.htm

Sample SEVIS I-20 Form – Page 1

I-20 Expiration

Date

SEVIS ID Number

Sample SEVIS I-20 Form – Page 3 (Page 2 is the instruction page and does not include any information about the student)

Employment Authorization History

Sample I-94 Card (Arrival/Departure Record)

Sample Visa

Visa number

Type of visa

Visa expiration date

Number of entries allowed

Institution that issued I-20 that was used to obtain the visa

Admission number

Port of Entry

Type of visa and length of stay

allowed

Sample EAD (Employment Authorization Document)

Expiration of EAD